New Delhi [India], February 11 – The Delhi High Court has scheduled February 24 for the hearing of Baramulla MP Engineer Rashid’s bail plea in a terror funding case. Rashid, who is currently lodged in Tihar Jail, had earlier been denied relief after a trial court declined to decide on his bail, citing lack of jurisdiction.
Justice Vikas Mahajan set the date after being informed by the High Court’s registrar that the Supreme Court had clarified on Monday that the National Investigation Agency (NIA) court handling Rashid’s case has the authority to hear his bail plea.
Rashid had approached the High Court, arguing that his bail application remained unresolved due to procedural ambiguities following his election to the Lok Sabha in 2024.
Custody Parole Granted for Parliament Attendance
Meanwhile, the Delhi High Court on Monday granted Rashid custody parole to attend the ongoing parliamentary session on February 11 and 13. The court noted that his bail application had been delayed due to jurisdictional issues and that he lacked any immediate legal remedy.
The matter gained further complexity after the Special NIA Court recently refused to hear Rashid’s bail plea, stating that cases involving MPs and MLAs should be handled by a designated MP/MLA court. In response, the Registrar General of the Delhi High Court sought clarification from the Supreme Court on the jurisdictional authority for such cases.
NIA Opposes Rashid’s Interim Bail Plea
The National Investigation Agency (NIA) has strongly opposed Rashid’s request for interim bail, arguing that it was legally untenable and an attempt to misuse the provision.
"This case is a textbook example of the misuse of interim bail provisions, which should only be granted in exceptional circumstances involving intolerable hardship," the NIA stated in its response.
The agency further questioned Rashid’s justification for seeking interim bail, arguing that his claim of wanting to serve his constituency was vague and unsubstantiated.
"The applicant has failed to specify how he intends to serve his constituency. Mere assertions without concrete proof cannot be grounds for relief," the NIA contended.
Legal Battle Over Bail Pending Since 2024
Senior Advocate N. Hariharan, representing Rashid, argued that the MP’s regular bail plea had been pending since September 2024, leaving him without legal recourse.
"An entire parliamentary constituency cannot go unrepresented indefinitely. Rashid was denied interim bail during the last session as well," Hariharan emphasized.
The legal standoff began when Additional Sessions Judge (ASJ) Chander Jit Singh, the special judge for NIA cases, declined to rule on Rashid’s bail plea on December 23, stating that his court could only hear miscellaneous applications, not bail petitions.
Background: Rashid’s Arrest and Terror Funding Charges
Engineer Rashid was arrested in August 2019 under the Unlawful Activities (Prevention) Act (UAPA) for alleged involvement in terror financing. Despite being in custody, he successfully contested the 2024 parliamentary elections from Baramulla, securing victory by a margin of 2,04,000 votes against National Conference leader Omar Abdullah.
In 2022, the NIA Special Court at Patiala House ordered the framing of charges against Rashid and several other high-profile accused, including:
- Hafiz Saeed (founder of Lashkar-e-Taiba)
- Syed Salahuddin (chief of Hizbul Mujahideen)
- Yasin Malik (JKLF chief)
- Shabbir Shah
- Masrat Alam
- Zahoor Ahmed Watali
- Bitta Karate
- Aftab Ahmed Shah
- Avtar Ahmed Shah
- Naeem Khan
- Bashir Ahmed Butt (Peer Saifullah)
The NIA alleges that these individuals were involved in terror funding operations in Jammu and Kashmir, working in coordination with Lashkar-e-Taiba (LeT), Hizbul Mujahideen, Jaish-e-Mohammed (JeM), and the Pakistani intelligence agency ISI to orchestrate attacks on security forces and civilians.
The agency further asserts that the All Party Hurriyat Conference (APHC), formed in 1993, played a key role in channeling funds through hawala networks and other covert methods to fuel unrest in Jammu and Kashmir.
According to the NIA, Hafiz Saeed and other Hurriyat leaders used these illicit funds to incite violence, attack security forces, burn schools, and damage public property, all under the guise of political resistance.
Next Steps in the Legal Process
With the Supreme Court having clarified the NIA court’s jurisdiction over Rashid’s bail plea, the matter is now set for hearing on February 24 at the Delhi High Court. Meanwhile, Rashid’s custody parole allows him limited access to parliamentary proceedings.
The case remains a high-profile legal battle with significant political and security implications, as authorities continue their crackdown on terror financing networks in Jammu and Kashmir.
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